UTILITY EASEMENTS FOR BROADBAND
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SB 360 — UTILITY EASEMENTS FOR BROADBAND
Last action — DO PASS, as amended, committee report adopted
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
492 added · 396 removedPlain-language change summary
The amended version of Senate Bill 360 clarifies the bill’s purpose and updates language related to utility easements for broadband service. Specifically, it emphasizes the requirement for property owners to be notified when their utility easements are used while maintaining an option for recording that notice. These changes matter because they aim to ensure better communication with property owners while facilitating the expansion of broadband access, which is crucial for improving internet connectivity in the state.
SENATE BILL 360 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Michael Padilla 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby PUBLICa UTILITIES;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ENACTINGThe THEdocument UTILITYis EASEMENTSa FORtool BROADBANDto ACT;show amendments in context and cannot be used for the purpose of adding amendments to legislation.
AUTHORIZINGh THEAN USEACT ANDg SHARINGo OFRELATING UTILITYTO EASEMENTSPUBLIC FORUTILITIES; THE PROVISION OF COMMUNICATIONS SERVICE THROUGHOUT THE STATE;
REQUIRINGENACTING NOTICETHE OFUTILITY USEEASEMENTS OFt UTILITYhr EASEMENTSg TOe THEi PROPERTYk OWNER;FOR BROADBAND ACT;
PROVIDINGAUTHORIZING THE USE AND SHARING OF UTILITY h r i s EASEMENTS FOR OPTIONALTHE RECORDINGPROVISION OF SUCHCOMMUNICATIONS NOTICE;SERVICE h , t, THROUGHOUT THE STATE;
ESTABLISHINGREQUIRING CLAIMSNOTICE PURSUANTOF TOUSE THEOF UTILITY e tu 17g USEe OFb UTILITYl EASEMENTS;e e h EASEMENTS TO THE PROPERTY OWNER;
ALLOWINGPROVIDING COST RECOVERY FOR wOPTIONAL l n d 18d COMMUNICATIONSi INFRASTRUCTURE= PROJECTS;= o h RECORDING OF SUCH NOTICE;
ESTABLISHING CLAIMS PURSUANT TO THE l ] b ,d i a º e USE OF UTILITY EASEMENTS;
ALLOWING COST RECOVERY FOR r i = r t e w d m a n o COMMUNICATIONS INFRASTRUCTURE PROJECTS;
=d =m 19: a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ab e d s º o t mn = .219093.3AIC March 4, 2021 (12:13pm) s k m 21e SECTIONe 1.a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ASECTION new1. section of Chapter 62 NMSA 1978 is d r e 22 enacted to read:
cA enew ssection kof 23Chapter "[NEW62 MATERIAL]NMSA SHORT1978 TITLE.--Thisis actenacted mayto beread: cited as the e a n b 24 "Utility Easements for Broadband Act"." u [ SECTION 2.
A"[NEW newMATERIAL] sectionSHORT ofTITLE.--This Chapteract 62may NMSAbe 1978cited isas .219093.3the enacted"Utility toEasements read:for Broadband Act"." SECTION 2.
A new section of Chapter 62 NMSA 1978 is enacted to read:
"communications infrastructure" means any wireline or wireless facilities and equipment, including amplifiers, antennae, cable, conduits, ducts, fiber, h g optronics, poles, structures, towers,STBTCº towers,»STBTC o t hr transmitters, towers, wires or other facilities or equipment g e i k owned by a public utility and used in connection with the h r i s h provision of communications service;
, t, e u g D.
"communications service" means any technology e b l e e h having the capacity to transmit data or other signals to enable en td 17d i = = o h a user of the service to originate and receive graphics, data, w l n] db 18,d i a º e r i = r video, voice or other modes of communication;
=t =e 19w d m a ln o E.
"notice address" means the mailing address of id a e r 20 the owner of a burdened parcel, or holder of record of an a t m m: 21 exclusive interest in the burdened parcel for any form of d r e 22 communications service, as listed in the records of the c e s k 23 applicable county assessor fourteen days prior to delivery of e a n b 24 notice;
b e d s º o t n = .219093.3AIC March 4, 2021 (12:13pm) s k m e - 2 - e a n e d r e l u [ F.A d the owner of a burdened parcel, or holder of record of an exclusive interest in the burdened parcel for any form of communications service, as listed in the records of the applicable county assessor fourteen days prior to delivery of notice;
"publicF. utility" means "public utility" as .219093.3 - 2 - defined in the Public Utility Act;
"public utility" means "public utility" as defined in the Public Utility Act;
"[NEW MATERIAL]MATERIAL ] USE OF UTILITY EASEMENTS.-- A.
For a burdened parcel with a utility easement h that does not already provide for or permit the installation, u » r maintenance, removal or use of communications infrastructure, t h g e l i upon complying with the notice provisions in Section 4 of the h r i s Utility Easements for Broadband Act and without approval or h , e h consent of the commission, a public utility may:
t u g e b l e e , gh (1) acquire, construct, install, maintain, en td 17d i = = o h operate, own, remove or upgrade its communications w l n] db 18,d i a º r infrastructure across, in, on, over or under the portion of a =e r = 19t e w d m a ln o burdened parcel that is subject to a utility easement and may id am e: r 20 permit third parties to do so on behalf of the public utility;
ab r e t mº mo 21t (2)n lease,= license,.219093.3AIC provideMarch a4, right2021 to(12:13pm) uses ork dm re - 3 - e 22a transfern ine wholed orr ine partl anyu of[ itsA communicationsd cpermit ethird sparties kto 23do infrastructureso locatedon inbehalf aof utilitythe easement;public utility;
and(2) elease, alicense, nprovide ba 24right (3)to enteruse andor accesstransfer thein burdenedwhole parcel for u [ the purposes or actionsin aspart mayany beof reasonablyits necessarycommunications orinfrastructure .219093.3located - 3 - desirable in connectiona withutility actionseasement; pursuant to this subsection.
and (3) enter and access the burdened parcel for the purposes or actions as may be reasonably necessary or desirable in connection with actions pursuant to this subsection.
or (2) rules promulgated by a zoning authority h pursuant to Chapter 3, Article 21 NMSA 1978.
g o t hr C.
Upon a public utility's exercise of rights under g e i k Subsection A of this section, such rights run with the land and h r i s are valid and binding on successors-in-interest of the owner h , t, and any holder of an interest in the burdened parcel regardless e u g e b l e e h of a lack of privity of estate or contract." en td 17d i = = o h SECTION 4.
A new section of Chapter 62 NMSA 1978 is w l n] db 18,d i a º e enacted to read:
=r i = 19r t e w d m a ln o "[NEW MATERIAL]MATERIAL ] NOTICE REGARDING USE OF UTILITY id a e r 20 EASEMENT.-- a t m m: 21 A.
Ab publice utility shall deliver a notice that d rs eº 22o substantiallyt containsn the= information.219093.3AIC requiredMarch in4, Subsection2021 B(12:13pm) c e s k 23m ofe this- section4 to- the notice address by certified or e a n be 24d registeredr maile orl by regional or national delivery service, u [ withoutA requirementd forEASEMENT.-- signatureA. upon delivery:
.219093.3A -public 4utility -shall (1)deliver fora annotice exercisethat ofsubstantially rightscontains pursuantthe toinformation required in Subsection AB of Sectionthis 3section ofto the Utilitynotice Easementsaddress forby Broadbandcertified Actor thatregistered involvesmail installation or construction,by atregional leastor tennational daysdelivery priorservice, towithout therequirement startfor ofsignature suchupon installationdelivery: or construction;
(1) for an exercise of rights pursuant to Subsection A of Section 3 of the Utility Easements for Broadband Act that involves installation or construction, at least ten days prior to the start of such installation or construction;
The notice required under Subsection A of this h section shall:
u » r (1) identify the public utility and provide t h g e l i contact information for a point of contact at the public h r i s utility;
h , e h (2) furnish a general description of the t u g e b l e e , gh utility infrastructure already existing in the utility easement en td 17d i = = o h as of the date of notice or a general description of the w l n] db 18,d i a º r location of the utility easement, which shall not require any =e r = 19t e w d m a ln o legal description, land title survey or any other description id am e: r 20 of the exact boundaries of the utility easement;
Show all 90 changed lines (50 more)
ab r e t mº mo 21t (3)n provide= the.219093.3AIC parcelMarch number4, or2021 tax(12:13pm) ds rk m e 22- identification5 number- ofe thea burdenedn parcel,e asd setr forthe inl cu e[ sA kd 23of the countyexact assessor'sboundaries records;of the utility easement;
and(3) eprovide a n b 24 (4) reference the Utilityparcel Easementsnumber foror utax [identification Broadbandnumber Actof and state that the publicburdened utilityparcel, isas exercisingset .219093.3forth -in 5the -county itsassessor's rightsrecords; pursuant to that act.
and (4) reference the Utility Easements for Broadband Act and state that the public utility is exercising its rights pursuant to that act.
and (2) is required to be sent only once, and no subsequent exercise of rights with respect to the burdened parcel by a public utility or anyone deriving rights through a public utility under Subsection A of Section 3 of the Utility h Easements for Broadband Act shall require additional notice." u » r SECTION 5.
A new section of Chapter 62 NMSA 1978 t h g e l i is enacted to read:
h r i s "[NEW MATERIAL ] OPTIONAL RECORDING OF NOTICE.--A public h , e h utility may, but is not obligated to, record a notice delivered t u g e b l e e , gh pursuant to the Utility Easements for Broadband Act, or a n d d i = = o h recording memorandum of one or more notices in the applicable l ] b ,d i a º r county clerk's office against all or any portion of a parcel e r = t e w d m a n o that is subservient to the utility easement, containing the d m :
b r e t º o t n = .219093.3AIC March 4, 2021 (12:13pm) s k m e - 6 - e a n e d r e l u [ A d information set forth in Paragraphs (2), (3) and (4) of Subsection B of Section 4 of the Utility Easements for Broadband Act.
Recording a memorandum of notice shall be effective to perfect the rights exercised under Subsection A of Section 3 of the Utility Easements for Broadband Act against all estates and persons holding any interest in the burdened parcel or real property appurtenant thereto, except that a crossing of the right of way of another public utility shall be effected in the manner provided in Section 62-1-4 NMSA 1978." SECTION 6.
"[NEW MATERIAL]MATERIAL OPTIONAL] RECORDINGCOST OFRECOVERY.--The NOTICE.--Acommission publicshall, utilityafter may,notice butand ishearing, notallow obligated to, record a noticepublic deliveredutility pursuantthat toacquires, theconstructs, Utilityinstalls, Easementsremoves for Broadband Act, or aupgrades ecommunications tinfrastructure 17pursuant recordingto memorandum of one or more notices in the applicableUtility wEasements lfor nBroadband dAct 18 county clerk's office against all or any portion of a parcel = = 19 a l that is subservient to therecover utilityits easement,reasonable containingcosts thethrough i a ecommission- rh 20approved informationtariff setrider, forth in Paragraphsbase (2),rates, (3)or andboth. (4) of a t m m 21 Subsection B of Section 4 of the Utility Easements for d r e 22 Broadband Act.
RecordingThe apublic memorandumu of» noticer shallutility bemay cinclude ea smechanism kfor 23the effectivereturn toof perfectcosts thet rightsh exercisedg undere Subsectionl Ai ofrecovered eto acustomers nfrom brevenue 24as Sectiona 3result of theleasing, Utilityh Easementsr fori Broadbands Actlicensing againstor uother [transfer allof estatesa andright personsto holdinguse anyof interest in the burdenedh .219093.3, -e 6h -communications parcelinfrastructure orby reala propertythird appurtenantparty thereto,in except that a crossingfuture ofrate thet rightu ofg waye ofb anotherl publice utilitye shall, begh effectedcase. in the manner provided in Section 62-1-4 NMSA 1978." SECTION 6.
The commission shall within six months determine, and n d d i = = o h allow cost recovery of, reasonable utility expenditures on l ] b ,d i a º r communications infrastructure projects.
Failure to issue an e r = t e w d m a n o order approving or denying cost recovery within six months d m :
b r e t º o t n = .219093.3AIC March 4, 2021 (12:13pm) s k m e - 7 - e a n e d r e l u [ A d shall be deemed to be approval." SECTION 7.
"[NEW MATERIAL]MATERIAL COST] RECOVERY.--TheCLAIMS--TIME commissionLIMIT--CALCULATION shall,OF afterDAMAGES.-- noticeA. and hearing, allow a public utility that acquires, constructs, installs, removes or upgrades communications infrastructure pursuant to the Utility Easements for Broadband Act to recover its reasonable costs through a commission- approved tariff rider, in base rates, or both.
TheNo publicclaim utilityor maycause include a mechanism for the return of costsaction recoveredagainst to customers from revenue as a resultpublic ofutility leasing,exercising licensingits orrights otherpursuant transferto ofthe aUtility rightEasements tofor useBroadband ofAct themay communicationsbe infrastructurebrought by aany thirdperson partymore inthan aone futureyear rateafter: case.
The commission shall within six months determine, and e t 17 allow cost recovery of, reasonable utility expenditures on w l n d 18 communications infrastructure projects.
Failure to issue an = = 19 a l order approving or denying cost recovery within six months i a e r 20 shall be deemed to be approval." a t m m 21 SECTION 7.
A new section of Chapter 62 NMSA 1978 is d r e 22 enacted to read:
c e s k 23 "[NEW MATERIAL] CLAIMS--TIME LIMIT--CALCULATION OF e a n b 24 DAMAGES.-- u [ A.
No claim or cause of action against a public .219093.3 - 7 - utility exercising its rights pursuant to the Utility Easements for Broadband Act may be brought by any person more than one year after:
or (2) in the case of a claim or cause of action brought by or on behalf of an interest holder in real property subject to the utility easement, other than a person to whom h notice under Section 4 of the Utility Easements for Broadband u » r Act was required, the date of recording of the notice or a t h g e l i memorandum of notice.
h r i s B.
For any claim or cause of action that is brought h , e h or may be brought by or on behalf of a person holding an t u g e b l e e , gh interest in the burdened parcel or real property appurtenant en td 17d i = = o h thereto, whether in trespass, inverse condemnation or w l n] db 18,d i a º r otherwise, with respect to a public utility's exercise of the =e r = 19t e w d m a ln o rights set forth in Subsection A of Section 3 of the Utility id am e: r 20 Easements for Broadband Act, the following shall apply:
ab t m m 21 (1) the measure of damages for any and all d r e 22t suchº claimso ort causesn of= action,.219093.3AIC takenMarch together,4, is2021 the(12:13pm) fair c e s k 23m markete value- of8 the- reduction in the value of the estate held e a n be 24d byr suche interestl holder,u as[ contemplatedA byd SectionEasements 42A-1-24for uBroadband [Act, NMSAthe 1978;following shall apply:
.219093.3(1) -the 8measure -of (2)damages for any and all such claims or causes of action, taken together, is the followingfair shallmarket notvalue beof usedthe andreduction arein notthe admissiblevalue of the estate held by such interest holder, as evidencecontemplated inby anySection proceeding:42A-1-24 NMSA 1978;
(2) the following shall not be used and are not admissible as evidence in any proceeding:
(3) consideration shall be given to any increase in the fair market value to the property of the availability of communications service that arises from the h installation or use of communications infrastructure in the u » r utility easement;
t h g e l i (4) the interest holder bringing a claim or h r i s cause of action shall make reasonable accommodations to allow h , e h the public utility to conduct an appraisal of the real property t u g e b l e e , gh within ninety days following a written request by the public en td 17d i = = o h utility.
If an interest holder fails to make such w l n] db 18,d i a º r accommodations, the public utility shall have no further =e r = 19t e w d m a ln o liability to such interest holder with respect to the public id a e r 20 utility's exercise of rights under Subsection A of Section 3 of a t m m: 21 the Utility Easements for Broadband Act;
db r e 22t (5)º anyo claim,t causen of= action.219093.3AIC orMarch damages4, c2021 e(12:13pm) s k 23m shalle be- deemed9 to- occure ata then timee ofd ther public utility's e al nu b[ 24A initiald utility's exercise of rights,rights shallunder beSubsection fixedA andof shallSection not3 beof uthe [Utility deemedEasements tofor continue,Broadband accrueAct; or accumulate;
.219093.3(5) -any 9claim, -cause (6) except in the case of anotheraction party's gross negligence or willfuldamages misconduct,shall nobe partydeemed to anyoccur suchat claimthe ortime cause of actionthe shallpublic beutility's entitledinitial toexercise attorney fees or costs, reimbursement of therights, costshall ofbe anyfixed appraisaland orshall anynot awardbe ofdeemed special,to indirect,continue, consequential,accrue punitive or exemplaryaccumulate; damages;
and(6) (7)except by accepting a damage award in respectthe ofcase a public utility's exercise of rightsanother underparty's Subsectiongross Anegligence ofor Sectionwillful 3misconduct, ofno theparty Utilityto Easementsany forsuch Broadbandclaim Act,or ancause interestof holderaction in the burdened parcel shall be deemedentitled to haveattorney grantedfees a permanent easement or rightcosts, reimbursement of waythe tocost theof publicany utilityappraisal foror allany award of thespecial, rightsindirect, setconsequential, forthpunitive inor thatexemplary subsection.damages;
C.and (7) by accepting a damage award in respect of a public utility's exercise of rights under Subsection A of Section 3 of the Utility Easements for Broadband Act, an interest holder in the burdened parcel shall be deemed to have h granted a permanent easement or right of way to the public u » r utility for all of the rights set forth in that subsection.
At claimh org causee ofl actioni underC. this section shall not be brought on behalf of a class.
D.A claim or cause of action under this section h r i s shall not be brought on behalf of a class.
Theh limitations, on claims and causes of action set forth in Subsections A and B of this section shall not e th 17D. apply to a claim or cause of action based on physical damage to w l n d 18 property or injury to natural persons.
The limitations on claims and causes of action t u g e b l e e , gh set forth in Subsections A and B of this section shall not n d d i = = 19o h apply to a claim or cause of action based on physical damage to l E.] b ,d i a º r property or injury to natural persons.
Nothing in the Utility Easements for Broadband i a e r 20= Act extends the statute of limitations for any claim or cause a t me mw 21 of action or shall be deemed to revive an expired claim or d rm ea 22n causeo ofE. action." c e s k 23 SECTION 8.
ANothing newin sectionthe ofUtility ChapterEasements 62for NMSABroadband 1978d ism e: a n b 24 enacted to read:
ub [r "[NEWe MATERIAL]t OTHERº PROVISIONSo REGARDINGt UTILITYn .219093.3= .219093.3AIC March 4, 2021 (12:13pm) s k m e - 10 - EASEMENTS.--e A.a n e d r e l u [ A d Act extends the statute of limitations for any claim or cause of action or shall be deemed to revive an expired claim or cause of action." SECTION 8.
A new section of Chapter 62 NMSA 1978 is enacted to read:
"[NEW MATERIAL ] OTHER PROVISIONS REGARDING UTILITY EASEMENTS.-- A.
h C.
Nothing in the Utility Easements for Broadband u » r Act shall be deemed to obligate a public utility to provide any t h g e l i rights or access to a communications service provider or to h r i s impose any obligations or restrictions on the terms and h , e h conditions on which a public utility may contract with a t u g e b l e e , gh communications service provider regarding communications en td 17d i = = o h infrastructure in a utility easement.
w l n] db 18,d i a º r D.
Nothing in the Utility Easements for Broadband =e r = 19t e w d m a ln o Act shall be deemed to obligate a public utility to provide any id a e r 20 communications service to any person, but a public utility may a t m m: 21 provide communications service subject to such laws and rules d r e 22 as may be generally applicable to other communications service c e s k 23 providers." e a n b 24 SECTION 9.
EFFECTIVEb DATE.--Ther effectivee datet ofº theo t n = .219093.3AIC March 4, 2021 (12:13pm) s k m e - 11 - e a n e d r e l u [ provisionsA ofd thiscommunications actservice isto Julyany 1,person, 2021.but a public utility may provide communications service subject to such laws and rules as may be generally applicable to other communications service providers." SECTION 9.
.219093.3EFFECTIVE -DATE.--The 11effective -date of the provisions of this act is July 1, 2021.
- 12 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .219093.3AIC March 4, 2021 (12:13pm) s k em e e a n e d r e l u [ A d
Show all 90 changed rows (50 more)
View plain text versions (2)
- Amended Amendments in Context Current pdf
- Introduced introduced version pdf
Action History
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DO PASS, as amended, committee report adopted
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Sent to Senate Tax, Business and Transportation Committee & Senate Judiciary Committee
Sponsors
- Michael Padilla · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 111 not signed on
Sponsors (1)
- Michael Padilla Democrat
Co-sponsors (0)
None.
Not signed on (111)
111 members have not signed on to this bill.
Show all 111 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 360?
- SB 360 is sponsored by Michael Padilla (Democrat).
- What is the current status of SB 360?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 360?
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